Past partners: who owns the goods?

A couple goes in 2005, without specifying the regime of his assets. The partners simply provide for “a fair sharing of our assets” in the event of a breakdown.

During the Civil partnerships, one of the partners buys 2 cars and 3 motorcycles alone. For each purchase, he has an invoice drawn up in his name. The Civil partnerships are broken, who owns the cars?

Public Service replies:

In this case, the Court of Appeal of Rouen, then the Court of Cassation consider that the vehicles belong to the 2 former partners, each for half. These are undivided assets.

For judges, the Civil partnerships entered into by the partners do not specify the regime they have chosen for their property. It is therefore the indivision regime that applies (for a Civil partnership concluded before 2007). It covers “all their property, real estate or movable (furniture or not)”.

For “furniture” (furniture, appliances, etc.), sharing is not discussed.

For other goods, it is a presumption of indivision. The partner must prove that the deed of acquisition of the property “provides otherwise”.

The mere fact that the invoice is issued in one name is not sufficient to provide that proof.

If the partners do not choose the rules that govern their property, their regime is set by law.

For past partners before 1^er January 2007 (unless they have changed their Civil partnerships), undivided is the rule. This means that the goods acquired during their Civil partnership, together but also separately, belong to them all 2, half-half.

For past partners since 2007But the rules have changed. They are separated from property, unless they make another choice in their Civil partnership agreement (also called a Civil partnership agreement).